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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. The underlying facts and the grounds for the court’s explanation on this part of the parties’ assertion are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure
2. The authority to manage and dispose of the judgment on the bankrupt estate belongs to the bankruptcy trustee (Article 384 of the Debtor Rehabilitation and Bankruptcy Act), and the compulsory execution, provisional seizure or provisional disposition against the property belonging to the bankrupt estate based on bankruptcy claims shall lose its effect against the bankrupt estate (Article 348(1) of the same Act). Meanwhile, when the dividend court distributes dividends, the amount of dividends against the claims of the creditors holding provisional seizure shall be deposited, and thereafter, when the principal judgment on the claims becomes final and conclusive in the lawsuit or when the reasons for the deposit are extinguished as the final judgment on the merits becomes final and conclusive or the decision in lieu of the recommendation and mediation becomes final and conclusive (see Articles 160(1)2 and 161(1) of the Civil Execution Act). Thus, the dividend court shall pay the deposit money to the creditors holding provisional seizure (see Articles 160(1)2 and 161(1) of the same Act). The claims of the creditors holding provisional seizure
(See Supreme Court Decision 2012Da65874 Decided September 4, 2014). Under the foregoing legal doctrine, compulsory execution, provisional seizure, or provisional disposition against the property belonging to the bankrupt foundation based on the bankruptcy claim becomes void against the bankrupt foundation. In the case of compulsory auction against the real estate, the procedure for compulsory auction is terminated by paying the amount of dividends to the creditors according to the distribution schedule, and if the amount of dividends has not yet been paid to the creditors pursuant to the distribution schedule, the remaining amount of dividends remaining after the payment is effective against the property belonging to the bankrupt foundation.